Analysis On The Obligation Of Approval And Approval Of Approved And Effective Contracts

Article 502 of my country’s "Civil Code" contract is a continuation and modification of the original "Contract Law",and is limited to the limitations of the quotation law itself.The academic circles have not yet reached consensus on the identification of the nature,attribution of responsibility,and remedy measures or solutions to the obligation to submit for approval of the approved contract.Draw lessons from Germany and Japan in foreign countries on the definition of the obligation to submit for approval and the measures to deal with violations of the obligation,and combine them with the actual situation in their own countries.In order to solve the problems in theory and practice,it is necessary to clarify the nature of the obligation to submit for approval.It should be a "statutory obligation" and a pre-contract obligation.Violation of this obligation should match the liability for negligence in contracting.It is recommended that the accountability for violation of the obligation to submit for approval should be based on the interest of reliance as the starting point,including the guarantee of performance benefits,and the principle of performance by the oblige of the application for approval,supplemented by the performance of the counterparty,which will help improve the research on the obligation of application for approval.Theoretical logic promotes the unification of referee standards.This article is mainly divided into four parts:The first part mainly provides a basic overview of the obligation to submit for approval of an approved contract.This part roughly expounds the concept of the obligation to submit for approval of an approved contract,points out that the sources of the obligation for approval are diverse and the premises of the obligation for approval,and sorts out the laws related to the obligation of approval to provide a basis for in-depth research on the issue of the obligation for approval.The second part mainly points out the legal problems existing in the obligation of submitting an approved contract to take effect.There are different theoretical disputes on the nature of the obligation to submit a contract for approval and the type of liability for breach of the obligation,and the resolution path for the obligation to submit for approval is not unified.This requires us to accurately locate the obligation to submit for approval,clarify the type of responsibility to be assumed in violation of the obligation,and unify the path to resolve the obligation for approval.The third part mainly discusses the inspection of the obligation to submit for approval of the approved and effective contracts outside the territory.Based on the current theoretical research status of German and Japanese scholars on the obligation to submit for approval of approved contracts,combined with their own country’s reality,after reflecting and summarizing,drawing on the useful experience of Germany and Japan,propose methods and suggestions for perfecting the law of the obligation of applying for approval in China.The fourth part is mainly about the legal improvement of the obligation to submit an approved contract to take effect.Based on the analysis of the legal issues existing in the obligation to submit an approved contract in force,this article combines the enlightenment gained from the obligation to submit an approved contract in force outside the territory to clarify the nature of the obligation to submit an approved contract in effect,the type of liability for breaches,and The unification of solutions provides relevant suggestions for improvement.